consumer sales

In the opinion of the Regional Court in Elbląg (judgement of 15 April 2015, I Ca 68/15), allowing the seller to rely in proceedings on the defence based on the pleading of the non-existence of the claim in case the seller fails to reply to a demand from the consumer (buyer) to have the good restored to the condition stipulated by the agreement, and as a result this demand being deemed justified, would mean the limitation in exercising consumer rights. The failure to react to the consumer’s demands within the prescribed term creates the fiction of allowing the claim, which means the seller in general accepts the pleading that the good is inconsistent with the agreement from the moment of the handover thereof.

In 2012, Aneta Wiewiórowska-Domagalska’s book titled “Consumer Sales Guarantees in the European Union” was published by Sellier European Law Publishers. This fascinating book filled a neglected gap in European legal literature, as the problems of consumer sales guarantees have not been looked at in a way that is both in-depth and all-encompassing. The monograph contains a broad analysis of the legal phenomenon of guarantee: its roots, legal form, EU origins and the relation between the guarantee and other legal instruments of a similar function.

Ph.D. candidate at the Faculty of Law, Jagiellonian University, and a legal counsel in Cracow Chamber of Legal Counsel. In 2010 he earned a degree in law from UMCS in Lublin and in 2011 he earned a licentiate in canon law from KUL in Lublin. In 2011 he also graduated from UMCS with a degree in computer science. He prepares a doctoral dissertation on copyrights protection for computer programs’ source code.

Mateusz Grochowski

Ph.D., assistant professor in the Institute of Legal Studies of the Polish Academy of Sciences and in the Institute of Justice, assistant in the Civil Chamber of the Supreme Court of the Republic of Poland, holder of scholarships of the Foundation for Polish Science and of the of National Science Centre, visiting scholar at the Università degli Studi di Trento. In his research focuses on regulatory problems of contract law.

Piotr Jantos

Ph.D. candidate at the Faculty of Law, Jagiellonian University, and a legal counsel. In 2010 he earned a degree in law from UMCS in Lublin and in 2011 he earned a licentiate in canon law from KUL in Lublin. In 2011 he also finished postgraduate studies in EU law at the Jagiellonian University. He prepares a dissertation on the exhaustion doctrine applied to computer software distribution in the European Union law.